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DEFENSE LAWYERS PREVAIL IN HEALTH CARE FRAUD CASE

By Robert David, Esq.

BENSON WEINTRAUB, the nationally renown federal sentencing expert and ANTHONY C. VITALE of the Health Law Offices of Anthony C. Vitale, PA presented a novel issue in health care fraud during a 5-day sentencing proceeding against Rodolpho Ramirez, a DME operator sentenced by US District Judge Adalberto Jordan (S.D.Fl.) to 24-months imprisonment for making fraudulent claims to Medicare and paying kickbacks to a local physician. Weintraub and Vitale were successful in persuading Judge Jordan to assume, without deciding the issue, that an obscure provision of ?Special Rules? in the calculation of loss under the Federal Sentencing Guidelines is instructive and resulted in a significant exclusion of ?relevant conduct? claimed by the government and a Guideline range approximately half of that requested by John Cunningam and Jay Darden, DOJ Trial Attorneys from the Fraud Section in Washington...continue to full post

Full post as published by Health Care Fraud Blog on May 30, 2008 (boomark / email).